2008 Woodie Awards
Decision for McPhee's trial pending
Andy Harper
Issue date: 6/13/07 Section: News
The Tennessee Supreme Court, heard MTSU employee Tammi Allen's appeal last Wednesday in her civil lawsuit against President Sidney McPhee.
Allen filed a civil suit against McPhee in 2003, after an investigation by Tennessee Board of Regents regarding accusations of sexual harassment from Allen about McPhee. The result of the TBR investigation found both parties guilty of "inappropriate behavior."
McPhee was given a 20-day suspension and $10,000 pay decrease. Allen was relocated to Development and University Relations, promoted to vice president of the division and given an increase in salary.
In 2004, Rutherford County courts dismissed the suit. Allen filed an appeal with a district appellate court in Gallatin, which upheld the dismissal. Allen's council responded by filing an appeal with the Appellate Court of the Tennessee Supreme Court.
During last Wednesday's hearing, Allen's lawyer, Gilbert Anglin, cited sexual harassment, retaliation and aiding and abetting sexual harassment as the primary focus of the suit.
"One thing we have in this case is there seems to be some misunderstanding about the law," Anglin said in his opening statements to the judges.
Anglin argued the difference between supervisor harassment and co-employee harassment, citing cases in which MTSU would be responsible and liable to be included in the civil lawsuit along with McPhee.
Anglin also noted that the accusation of retaliation stemmed from Allen's job relocation.
Bill Marett, council for both TBR and MTSU, responded by saying the university exceeded expectations by placing Allen a job for which she was under qualified.
Marett also argued that Allen did not follow proper procedure for reporting sexual harassment.
Anglin responded by noting that only about 4 percent of supervisors on campus have had proper sexual harassment training, and the process by which Allen would have had to report her harassment would have eventually come under McPhee himself.
The decision is pending on whether the court will uphold the dismissal or send the suit to be reviewed by a jury.
Allen filed a civil suit against McPhee in 2003, after an investigation by Tennessee Board of Regents regarding accusations of sexual harassment from Allen about McPhee. The result of the TBR investigation found both parties guilty of "inappropriate behavior."
McPhee was given a 20-day suspension and $10,000 pay decrease. Allen was relocated to Development and University Relations, promoted to vice president of the division and given an increase in salary.
In 2004, Rutherford County courts dismissed the suit. Allen filed an appeal with a district appellate court in Gallatin, which upheld the dismissal. Allen's council responded by filing an appeal with the Appellate Court of the Tennessee Supreme Court.
During last Wednesday's hearing, Allen's lawyer, Gilbert Anglin, cited sexual harassment, retaliation and aiding and abetting sexual harassment as the primary focus of the suit.
"One thing we have in this case is there seems to be some misunderstanding about the law," Anglin said in his opening statements to the judges.
Anglin argued the difference between supervisor harassment and co-employee harassment, citing cases in which MTSU would be responsible and liable to be included in the civil lawsuit along with McPhee.
Anglin also noted that the accusation of retaliation stemmed from Allen's job relocation.
Bill Marett, council for both TBR and MTSU, responded by saying the university exceeded expectations by placing Allen a job for which she was under qualified.
Marett also argued that Allen did not follow proper procedure for reporting sexual harassment.
Anglin responded by noting that only about 4 percent of supervisors on campus have had proper sexual harassment training, and the process by which Allen would have had to report her harassment would have eventually come under McPhee himself.
The decision is pending on whether the court will uphold the dismissal or send the suit to be reviewed by a jury.
Viewing Comments 1 - 1 of 1
Daniel Bridges
posted 6/15/07 @ 9:19 PM CST
Wow. This entire thing is an embarrassment. It's like seeing adults acting like children. Maybe it's a good thing. Anyone with their eyes open knows MTSU needs to seriously reexamine itself, with its myriad of problems, ranging from scheduling to Housing to feeding to recycling to supervising to planning to parking to TEACHING . (Continued…)
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